Citizens of a Member State of the European Union or EEA or of the Swiss Confederation who intend to stay for longer than 3 months in Romania must register their residence with the territorial unit of the General Inspectorate for Immigration (IGI) in the county where they live.

Citizens of the European Union/EEA/Swiss Confederation and their family members may work as employees or self-employed persons in Romania under the same conditions as those applying to Romanian citizens (under an employment contract, assignment contract, notification, etc.).

In order to obtain a registration certificate/residence card, they must submit a series of documents, depending on the purpose of their stay in Romania, to the territorial units of the General Inspectorate for Immigration from the county where they live.

The relevant deadline in which EU citizens and their family members are obliged to apply for registration of their stay is 3 months from the date of entry into Romania.

For the registration and issue of documents attesting to their residence, EU citizens and their family members need to report to the relevant territorial office of the General Inspectorate for Immigration.

The General Inspectorate for Immigration provides EU citizens and their family members with an online application procedure, whereby the necessary documents for registering one’s stay in Romania can be submitted in order to then obtain an appointment at the relevant territorial office.

The application may be accessed through the IGI Portal.

The documents issued by the General Inspectorate for Immigration attesting to residence in Romania, are:

• registration certificate (for citizens of the European Union/EEA/Swiss Confederation);
• residence card (for family members of the citizens of the European Union/EEA/Swiss Confederation);
• permanent residence card (for citizens of the European Union/EEA/Swiss Confederation and their family members).

Proof of means of subsistence should be provided by submitting the following documents:

• receipt of pension slip issued no later than 3 months before the date of entry into Romania;
• global income tax return for the year prior to entry into Romania;
• bank statement or other equivalent documents certifying that the income needed to ensure subsistence has been obtained.

The family relationship can be proven by the following documents:

• documents proving either marriage or kinship with an EU citizen for family members;
• documents issued by the authorities of the Member State of origin or provenance proving that the person concerned is a family member of an EU citizen, is dependent on or lives with an EU citizen or is in a situation where, for serious medical reasons, their personal assistance is required for dependants;
• document certifying that a non-married partnership with an EU citizen was registered in the Member State of origin or provenance, in the case of a registered partnership, or documents certifying that the person concerned has a long-term cohabitation relationship with an EU citizen, in the case of unregistered partnership;
• In the case of an unregistered non-married partnership, the EU citizen must provide a self-declaration about the existence of the partnership, attaching documents or other evidence attesting to the cohabitation relationship. The self-declaration will mention that the partners live together and that neither of them is married.

No documents are needed to prove that a family member is economically dependent.

The validity of the registration certificate is 5 years.

Failure to fulfil any of the obligations to request the registration certificate/residence card within 3 months from the date of entry into Romania, is an administrative offence and punishable with a fine of between RON 25 and RON 50.

The legislation in force at this time does not provide for the express obligation for EU citizens and their family members to carry their registration certificate/residence card at the time of a check.

The legislation in force at this time does not provide for sanctions should EU citizens and their family members not have the registration certificate/residence card on them at the time of a check.

The General Inspectorate for Immigration within the Ministry of Internal Affairs is the competent institution regarding the regulation of the legal regime for staying in Romania, for EU citizens and their family members.

Citizens of the European Union/EEA, or their family members, who have lived legally in Romania over a continuous period of 5 years or more may apply for permanent residence.

In order to be granted permanent residence, EU citizens and their family members need to report to the relevant territorial office of the General Inspectorate for Immigration.

The General Inspectorate for Immigration provides an online application to EU citizens and their family members, through which the necessary documents for obtaining permanent residence in Romania can be submitted in order to obtain an appointment at the relevant territorial office.

The application can be accessed on the: IGI Portal.

Documents required by citizens of the European Union/EEA/Swiss Confederation to initiate the procedure:

• application form;
• original (valid) identity card or passport and a copy;
• original and a copy of the registration certificate;
• papers and documents which prove fulfilment of the legal requirements regarding legality and continuity of residence.

Documents required by family members (from non-EU/EEA/Swiss Confederation states):

• application form;
• original (valid) passport and copy;
• original and a copy of the residence card;
• papers and documents which prove fulfilment of the legal requirements regarding legality and continuity of residence.

Restricting the exercise of freedom of movement and residence in Romania

The General Inspectorate for Immigration may issue EU citizens and their family members who do not meet the conditions for the right of residence with an order to leave Romania. An order to leave Romania can be challenged within 10 days from the date of notification at the court of appeal in the jurisdiction where the issuing office is located. The court will resolve the application within 30 days from date of receipt. An appeal suspends the execution of an order to leave Romania. The decision of the court resolving the appeal is final and irrevocable.

The competent Romanian authorities may restrict the freedom of movement and residence in Romania of EU citizens or of their family members only for reasons of public order, national security or public health. These reasons cannot be invoked for economic purposes. In accordance with the law, specific measures restricting the right to freedom of movement may be ordered against EU citizens or their family members who have the right of permanent residence, regardless of their nationality, only if they represent an imminent danger to public order or national security. Any measures restricting the right to freedom of movement in Romania of EU citizens and their family members will be ordered only with the observance of the principle of proportionality and will be based exclusively on the behaviour of the person concerned. This behaviour must pose a real, current and sufficiently serious threat to the fundamental values of society. Such a measure cannot be based solely on the existence of a previous criminal conviction. A decision to restrict the right to freedom of movement is communicated to the EU citizen or to their family member, in writing, by the authority that ordered the measure, in accordance with the law.

Undesirable persons

A declaration as undesirable is a measure ordered against EU citizens or a member of their family who have carried out, are carrying out, or about whom there are strong indications that they intend to carry out, activities likely to endanger national security or public order. The measure is ordered by the Bucharest Court of Appeal, upon notification by the prosecutor specially assigned by the Bucharest Court of Appeal Prosecutor's Office. The prosecutor refers the matter to the court at the proposal of institutions with competence in the field of public order and national security and that have solid data or indications that the person in question has carried out, is carrying out, or there are strong indications that that person intends to carry out, activities likely to endanger national security or public order.

An order to leave Romania

An order to leave Romania can be challenged within 10 days from the date of notification at the court of appeal in the jurisdiction where the issuing office is located. The court will resolve the application within 30 days from date of receipt. An appeal suspends the execution of an order to leave Romania. The decision of the court resolving the appeal is final and irrevocable.

Restricting the exercise of freedom of movement and residence in Romania

A decision to restrict the right to freedom of movement and residence in Romania must contain a precise and complete presentation of all the factual and legal reasons that were the basis for ordering such a measure, its implications for the person concerned, information on the court where the decision can be challenged, the time limit for commencing proceedings and the period within which the EU citizen or their family member must leave Romania. The court hearing an action brought against a decision restricting freedom of movement examines the legality of the decision, the principle of proportionality relating to the ordered measure, and the facts and circumstances that justify the ordered measure.

Decisions concerning undesirable persons of the Bucharest Court of Appeal may be appealed against within 10 days from the date of notification at the High Court of Cassation and Justice. The court rules within 5 days from the date of receipt of the request. The decision is final and irrevocable.

During their stay in Romania, EU citizens or, as applicable, their family members, are obliged to report any change regarding their residence address to the competent territorial office of the General Inspectorate for Immigration within 30 days from the occurrence of the event.

A change of residence should be communicated at the headquarters of the relevant territorial office of the General Inspectorate for Immigration.

Change of residence can also be communicated by electronic means.

Legal references

Emergency Order No 102/2005 on the freedom of movement in Romania of citizens of the Member States of the European Union, the European Economic Area and the Swiss Confederation.

Government Decision No 1864/2006 approving the detailed rules for the application of Government Emergency Order No 102/2005 on the freedom of movement in Romania of citizens of the Member States of the European Union, the European Economic Area and the Swiss Confederation, and establishing the form and content of documents issued to citizens of the Member States of the European Union, the European Economic Area and the Swiss Confederation, and to their family members.